Sources of Presidential Power - Weebly€¦ · 2- Separation of Powers 3- President Clinton and...
Transcript of Sources of Presidential Power - Weebly€¦ · 2- Separation of Powers 3- President Clinton and...
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Sources of Presidential Power
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Intro
Presidency has changed since the beginning
Have to address weaknesses of A.o.C
3 Main types of powers, other have emerged
1- Country has changed, people have changed, and ideas of presidency has changed.
3- Expressed (Constitution), Inherent( Constitution), and Statutory
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Expressed Powers
Word for Word in the Constitution
8 in Total
Provide the basis for other powers
2- Commander in Chief, Appointment power (Judges, Ambassadors, Cabinet Positions), Pardon of Crimes, Enter into Treaties with Senate Consent, State of the Union, Convene Congress, Receive Ambassadors, Commission military officers.
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Inherent PowersTake Care Clause
Also allows the president to handle all executive actions
Overall these powers are inferred from the Constitution
Used more often than any other power
1- Gives the president the power to enforce all the laws
3- Nothing in the Constitution grants the president power to buy land, 800k acres for $15 Millions
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Inherent: ExamplesLouisiana Purchase
800k Acres of Land for $15 Million
Nothing in the Constitution about buying land
Done to advert possible war with France
Ultimately everyone agreed with action
1b- Seemed Hypocritical since Jefferson argued for small federal government
1c- Gets France away from the US, and gives them money to fight England
1d- grants the president more power
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New Deal Programs
Established under FDR
Designed to alleviate issues of Great Depression
Guantanamo Bay
Bush 43 suspended civil liberties of “enemy combatants”
1b- CCC, TVA, Social Security
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ACA/Obamacare
Expanded Gov’t Programs
Provided Subsidized Insurance
Federal Government is now involved
1a- Medicare
1c- Never been involved in healthcare for general populous
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StatutoryPresidents are given powers by law
Line-Item Veto
Only veto parts of the bill they don’t like
Bill Clinton only 1
2b- Declared unconstitutional (violates separation of powers), never used
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Executive OrdersOrders that carry the weight of laws
Four Uses
Enforcement of statutes or SCOTUS Rulings
Specific Provisions of Constitution
Guide the Administration of Treaties
Change Regulatory Guidelines
1-Few limitations, just can’t raise taxes or appropriate funds
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Often used to show presidential priorities
Used to bypass Congress
Congressional inaction
Congress refusing to work
Truman and Desegregation
2- Used more and more in recent years
3- Use of executive order to desegregate the military
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Emergency PowersDesperate times call for desperate measures
US v. Curtiss-Wright Export Corp.
FDR banned export of Machine Guns to Bolivia
Curtis-Wright violated
Court rules presidential powers go beyond expressed powers
1-Lincoln suspended habeas corpus and drafted state militias during the Civil War
2c- Plays into foreign policy powers
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Executive PrivilegePresident can withhold information from the courts and Congress
Been around since the beginning
Generally used to protect communications with aides
Sensitive negotiation with foreign leaders often shielded too
1-Resolves around national security
2- Washington refused to turn over treaty negotiations
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Executive Privilege doesn’t apply to legal proceedings
Judicial Branch has given broad authority to the President
Accusations of misdeeds not protected by executive privilege
1-US v. Nixon (74): Nixon tried to withhold White House tapes from criminal proceedings
2- Separation of Powers
3- President Clinton and Lewinsky affair. Trump and Ukraine?